Judge Burris

In re Beeson

Creditor husband brought a motion for abstention under 11 U.S.C.S. § 305(a)(1), seeking the dismissal of the instant voluntarily filed chapter 11 case filed by debtor wife, asserting that their pending divorce and property action in family court was the proper forum for disposition of property in which the debtor wife had an interest.
Ruling: 
Bankruptcy court abstained from and dismissed individual debtor's chapter 11 case where parties and debtors would be settled more properly in divorce proceedings.
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Consumer case opionion summary, case decided on July 27,2010, LexisNexis #1010-071

In re BI-LO LLC

Debtors, LLCs that operated supermarkets, filed petitions under chapter 11 of the Bankruptcy Code and were allowed to operate their businesses as debtors in possession. A church filed a claim in the amount of $ 3,338,786 against the debtors' bankruptcy estates, seeking costs it claimed it incurred because it was required to abandon real property it leased from the debtors. The debtors filed an objection to the church's claim.
Ruling: 
Church's claim for "net rental loss" incurred after debtor rejected lease disallowed.
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Commercial case opionion summary, case decided on May 25,2010, LexisNexis #0810-079

In re BI-LO LLC

A creditor filed a motion requesting leave of court to file a proof of claim after the established deadline pursuant to Fed. R. Bankr. P. 3003(c). The chapter 11 debtor argued that it would be prejudiced by the potential precedent set by allowing the creditor's claim.
Ruling: 
Late proof of claim allowed due to service of notice of bar date during creditor's move.
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Commercial case opionion summary, case decided on February 19,2010, LexisNexis #0510-067

In re BI-LO LLC

A creditor brought a state-court action against a bankruptcy debtor for personal injury sustained in a fall at one of the debtor's supermarkets, but the debtor failed to file a proof of claim in the debtor's bankruptcy case by the bar date for filing such claims. The creditor moved for allowance of the creditor's late-filed proof of claim.
Ruling: 
Creditor who received notice of bar date not allowed to file late proof of claim for personal injury.
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Commercial case opionion summary, case decided on February 02,2010, LexisNexis #0310-081

In re Horne

A judgment was entered in state court against a bankruptcy debtor which enforced a creditor's mechanic's lien against the debtor's property. After the debtor's case was closed and the debtor's property was sold at a foreclosure sale, the debtor moved to avoid the creditor's judicial lien under 11 U.S.C.S. § 522(f)(1)(A) as impairing the debtor's exemption in the property.
Ruling: 
Mechanic's lien perfected and enforced by judicial process was not transformed into an avoidable judicial lien.
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Consumer case opionion summary, case decided on December 02,2009, LexisNexis #0310-119

In re Covington

A creditor filed a motion for relief from the automatic stay with respect to one of a chapter 11 debtor's properties pursuant to 11 U.S.C.S. § 362(d)(1) and (2). The debtor objected to the motion.
Ruling: 
Stay continued on condition that debtor pay gross property rents to creditor mortgagee.
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Consumer case opionion summary, case decided on November 20,2009, LexisNexis #0310-112

Joe Gibsons Auto World Inc. v. Zurich Am. Ins. Co. (In re Joe Gibsons Auto World Inc.)

Plaintiff debtor filed an adversary action against defendant insurer alleging, among other things, breach and bad faith refusal to resolve a valid insurance claim. The insurer contended that the matters raised in this adversary proceeding were not core matters as defined in 28 U.S.C.S. § 157(b)(2).
Ruling: 
Adversary proceeding for bad faith against debtor car dealer's insurer was a core proceeding.
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Commercial case opionion summary, case decided on September 29,2009, LexisNexis #1009-131

In re Gray

A creditor objected to confirmation of debtor's proposed chapter 11 plan of reorganization on the grounds that she was not committing all of her projected disposable income to her Plan. The creditor also sought dismissal of her bankruptcy case due to it allegedly being filed in bad faith.
Ruling: 
Confirmation denied due to debtor's failure to devote all projected disposable income to plan.
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Consumer case opionion summary, case decided on August 11,2009, LexisNexis #0909-055

In re BI-LO LLC

Debtors filed an application for entry of an order authorizing the debtors to employ and retain a company as an appraiser, pursuant to 11 U.S.C.S. §§ 327(a) and 328(a), effective nunc pro tunc to the date of the application. The debtors sought to retain the company to appraise store furniture, fixtures, and equipment.
Ruling: 
Debtors' application to employ appraiser nunc pro tunc denied.
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Commercial case opionion summary, case decided on June 10,2009, LexisNexis #0809-109

Skinner v. Ross (In re Ross)

Plaintiff trustee filed a complaint against defendant debtor for turnover of estate property, pursuant to 11 U.S.C.S. § 542(a), and for denial of a discharge, pursuant to 11 U.S.C.S. § 727(a)(2)(B).
Ruling: 
Discharge denied due to debtor compnay owner's continued receipt of dividends contrary to demands of trustee.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-050

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